Amendment ASA1-AB40

AB40-ASA1,1454,10 (9) Congenital disorder testing fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1454,15 (10q) Medical Assistance nursing home payment base funding. For the purpose of submitting information under section 16.42 of the statutes for purposes of preparing the 2013-15 biennial budget bill, the department of health services shall increase its adjusted base year funding for nursing home payments by $415,600 in general purpose revenue moneys and by $925,100 in federal moneys.

AB40-ASA1,1454,23 (10x) Audit of statewide income maintenance program administration. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the statewide administration of income maintenance programs, as defined in section 49.78 (1) (b) of the statutes. If conducted, the audit shall address timeliness, program integrity, and efficiency. If the committee directs the legislative audit bureau to conduct the audit, the bureau shall file its reports in the manner described under section 13.94 (1) (b) of the statutes by March 1, 2013.

AB40-ASA1,1455,5 (11i) Study on purchase of generic drugs for Medical Assistance. The department of health services shall conduct a study to determine whether the use of a competitive bidding process for the purchase of generic drug equivalents that are provided to recipients under the Medical Assistance program would generate cost savings in the Medical Assistance program. No later than December 31, 2011, the department of health services shall submit a report of its findings under the study to the joint committee on finance.

AB40-ASA1,1455,6 (12b) Study on Medical Assistance and Food Share changes.

AB40-ASA1,1455,8 (a) The department of health services shall conduct a study to estimate the costs and determine the feasibility of the following policies:

AB40-ASA1,1455,13 1. Implementing photo identification requirements for beneficiaries of the Medical Assistance program and beneficiaries of the Food Share program by requiring a Medical Assistance enrollment card to contain a photograph of the beneficiary and a Food Share electronic benefit transfer card to contain a photograph of the beneficiary.

AB40-ASA1,1455,16 2. Promoting the purchase of nutritional foods and beverages among Food Share beneficiaries and requiring a beneficiary to purchase nutritional foods and beverages under the program.

AB40-ASA1,1455,17 (b) The study must address all of the following issues:

AB40-ASA1,1455,20 1. Any potential costs associated with the implementation of the changes and any potential savings due to fraud reduction as a result of implementing the requirement for photo identification.

AB40-ASA1,1455,22 2. How to accommodate the photo identification requirement in households comprised of multiple individuals.

AB40-ASA1,1455,23 3. The need for federal approval to implement the changes.

AB40-ASA1,1456,2 (c) No later than December 31, 2011, the department of health services shall submit to the joint committee on finance a report that includes the department's recommendations for implementing the policies under paragraph (a) and that analyzes the feasibility of implementing those changes by April 1, 2012.

AB40-ASA1,1456,20 (12f) Seal-a-smile dental sealant program. The department of health services may submit a request to the joint committee on finance under section 13.10 of the statutes to provide supplemental funding under section 13.101 (3) of the statutes for the appropriation under section 20.435 (1) (de) of the statutes for use by the department to award a grant under section 250.10 (1m) (b) of the statutes for a school-based dental sealant program. Any request submitted under this subsection shall include a statement as to whether a private entity has agreed to provide matching funds for the grant for a school-based dental sealant program under section 250.10 (1m) (b) of the statutes. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's request that the committee has scheduled a meeting for the purpose of reviewing the request, the request is granted. If, within 14 working days after the date of the request, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the request may be granted only upon approval of the committee. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making the supplementation under this subsection.

AB40-ASA1, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

AB40-ASA1,1457,5 (1d) Board of trustees of the Medical College of Wisconsin, Inc. Notwithstanding the requirement specified in section 39.15 (1) (a) of the statutes, as affected by this act, that 2 of the members of the board of trustees of the Medical College of Wisconsin, Inc., must be nominated by the governor, and with the advice and consent of the senate, appointed, that board may consist of more than 2 members so nominated and appointed until such time as through term expiration, resignation, removal, death, or other cause the membership of that board so nominated and appointed is reduced to 2 members.

AB40-ASA1, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

AB40-ASA1, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

AB40-ASA1, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

AB40-ASA1, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

AB40-ASA1,1457,18 (1f) Rights of certain investment board employees. Notwithstanding section 230.08 (2) (p) of the statutes, as affected by this act, all of the employees holding blue collar and clerical positions in the classified service at the investment board on the day before the effective date of this subsection, who have achieved permanent status in class on or before that date, shall retain, while serving in the unclassified service, those protections afforded employees in the classified service under sections 230.34 (1) (a) and 230.44 (1) (c) of the statutes relating to demotion, suspension, discharge, layoff, or reduction in base pay and shall also have reinstatement privileges to the classified service as provided under section 230.33 (1) of the statutes.

AB40-ASA1, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.

AB40-ASA1, s. 9128 Section 9128. Nonstatutory provisions; Judicial Commission.

AB40-ASA1, s. 9129 Section 9129. Nonstatutory provisions; Justice.

AB40-ASA1, s. 9130 Section 9130. Nonstatutory provisions; Legislature.

AB40-ASA1,1457,23 (1u) Open enrollment program report.

AB40-ASA1,1458,3 (a) The legislative audit bureau shall prepare a report on the state aid transfer amount under the open enrollment program. The report shall discuss all of the following:

AB40-ASA1,1458,4 1. The history of the transfer amount.

AB40-ASA1,1458,7 2. Alternatives for increasing the transfer amount based on the costs to nonresident school districts of educating transfer pupils and the amount of funding the resident school districts retain for their fixed costs.

AB40-ASA1,1458,9 3. Alternatives for transferring the resident school district's revenue limit amount or state aid amount to the nonresident school district.

AB40-ASA1,1458,12 (b) The report shall discuss the issues and alternatives under paragraph (a) with respect to school districts that either gain or lose a relatively large proportion of pupils under the program.

AB40-ASA1,1458,18 (c) By January 1, 2012, the legislative audit bureau shall submit the report to the governor; to the cochairpersons of the joint committee on finance; to the cochairpersons of the joint legislative audit committee under section 13.172 (3) of the statutes; and to the chairpersons of the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under section 13.172 (3) of the statutes.

AB40-ASA1, s. 9131 Section 9131. Nonstatutory provisions; Lieutenant Governor.

AB40-ASA1, s. 9132 Section 9132. Nonstatutory provisions; Local Government.

AB40-ASA1,1458,22 (1d) Collective bargaining agreements covering certain municipal district employees.

AB40-ASA1,1459,13 (a) A school district and the representative of a collective bargaining unit containing employees of that school district may enter into one memorandum of understanding that modifies compensation or fringe benefit requirements in the collective bargaining agreement under subchapter IV of chapter 111 of the statutes that covers the school district employees, that was entered into before February 1, 2011, and that is in effect on the effective date of this paragraph. Such a modification is not a modification of the collective bargaining agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate legislation. The memorandum of understanding entered into under this paragraph remains effective for the duration of the current collective bargaining agreement and continues to be effective after the collective bargaining agreement expires until a new collective bargaining agreement takes effect except that, if the memorandum contains a provision addressing a subject that, at the expiration of the collective bargaining agreement, becomes a prohibited subject of bargaining, that provision is no longer effective.

AB40-ASA1,1460,5 (b) A technical college district board and the representative of a collective bargaining unit containing employees of that technical college district may enter into one memorandum of understanding that modifies compensation or fringe benefit requirements in the collective bargaining agreement under subchapter IV of chapter 111 of the statutes that covers the technical college district employees, that was entered into before February 1, 2011, and that is in effect on the effective date of this paragraph. Such a modification is not a modification of the collective bargaining agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate legislation. The memorandum of understanding entered into under this paragraph remains effective for the duration of the current collective bargaining agreement and continues to be effective after the collective bargaining agreement expires until a new collective bargaining agreement takes effect except that, if the memorandum contains a provision addressing a subject that, at the expiration of the collective bargaining agreement, becomes a prohibited subject of bargaining, that provision is no longer effective.

AB40-ASA1,1460,7 (c) No memorandum of understanding as described in paragraph (a) or (b) may be entered into later than 90 days after the effective date of this paragraph.

AB40-ASA1, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

AB40-ASA1, s. 9134 Section 9134. Nonstatutory provisions; Military Affairs.

AB40-ASA1, s. 9135 Section 9135. Nonstatutory provisions; Natural Resources.

AB40-ASA1,1460,11 (2) Commercial construction site erosion control.

AB40-ASA1,1460,13 (a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.

AB40-ASA1,1460,23 (b) All rules promulgated by the department of natural resources under section 281.33 (3m), 2009 stats., related to erosion control for commercial building sites that are in effect on the effective date of this paragraph, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph and that are primarily related to erosion control for commercial building sites, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40-ASA1,1461,6 (c) Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 281.33 (3m), 2009 stats., as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of natural resources with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40-ASA1,1461,10 (d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats., made by the department of natural resources to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of safety and professional services.

AB40-ASA1,1461,11 (e) 1. In this paragraph:

AB40-ASA1,1461,13 a. "Commercial building" means a public building or a building that is a place of employment.

AB40-ASA1,1461,15 b. "Place of employment" has the meaning given in section 101.01 (11) of the statutes.

AB40-ASA1,1461,16 c. "Public building" has the meaning given in section 101.01 (12) of the statutes.

AB40-ASA1,1461,19 2. On or before October 1, 2011, the department of natural resources and the department of safety and professional services shall enter into a memorandum of understanding that does all of the following:

AB40-ASA1,1461,24 a. Delineates the responsibilities of the department of natural resources under section 281.33 of the statutes, as affected by this act, and the department of safety and professional services under section 101.1206 of the statutes, as affected by this act, in administering erosion control activities at construction sites during and after construction.

AB40-ASA1,1462,7 b. Delineates the manner in which the department of safety and professional services will regulate erosion control activities at commercial building construction sites of one acre or larger so that those erosion control activities are regulated in a manner that is consistent with the manner in which the department of natural resources regulates erosion control activities under chapter 283 of the statutes, as affected by this act, and rules promulgated under chapter 283 of the statutes, as affected by this act.

AB40-ASA1,1462,9 (3c) Federal fiscal year 2011 appropriations act funding for clean water fund projects.

AB40-ASA1,1462,16 (a) If this state receives moneys under P.L. 112-10 as a capitalization grant for clean water state revolving funds under the Federal Water Pollution Control Act, the department of natural resources and the department of administration may, as provided in this subsection, allocate the funds, before December 31, 2013, for financial assistance to municipalities, as defined in section 281.59 (1) (c) of the statutes, under section 281.58 of the statutes for projects eligible to receive financial assistance under that section.

AB40-ASA1,1463,2 (b) The department of natural resources and the department of administration shall provide additional subsidy under this subsection to municipalities in the amount that P.L. 112-10 requires to be used to provide additional subsidy. The department of natural resources and the department of administration shall provide additional subsidy to a municipality in the form of forgiveness of part of the principal of a loan made to the municipality, notwithstanding the limits in section 281.58 (6) (b) of the statutes on the methods that may be used to provide financial assistance. The department of natural resources may establish a percentage limit of the amount of the principal forgiveness available under this paragraph that may be received by any municipality.

AB40-ASA1,1463,4 (c) The department of natural resources may establish a deadline for submitting applications for financial assistance under this subsection.

AB40-ASA1,1463,7 (d) In selecting the projects to receive financial assistance under this subsection, and the terms of the financial assistance, the department of natural resources may consider any of the following:

AB40-ASA1,1463,8 1. The population of the municipality in which a project would be located.

AB40-ASA1,1463,10 2. The median household income, as defined in section 281.58 (1) (cm) of the statutes, of the municipality in which a project would be located.

AB40-ASA1,1463,13 3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

AB40-ASA1,1463,16 (e) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

AB40-ASA1,1463,18 (3d) Federal fiscal year 2011 appropriations act funding for safe drinking water loan program projects.

AB40-ASA1,1464,3 (a) If this state receives moneys under P.L. 112-10 as a capitalization grant for drinking water state revolving loan funds under the federal Safe Drinking Water Act, the department of natural resources and the department of administration may, as provided in this subsection, allocate the funds, before December 31, 2013, for financial assistance to local governmental units, as defined in section 281.61 (1) (a) of the statutes, under section 281.61 of the statutes for projects eligible to receive financial assistance under that section. Notwithstanding section 281.59 (3s) (a) of the statutes, the department of administration may, until December 30, 2013, allocate amounts approved for the 2011-13 biennium under section 281.59 (3s) (b) 1. of the statutes for projects under this subsection.

AB40-ASA1,1464,13 (b) The department of natural resources and the department of administration shall provide additional subsidy under this subsection to local governmental units in the amount that P.L. 112-10 requires to be used to provide additional subsidy. The department of natural resources and the department of administration shall provide additional subsidy to a local governmental unit in the form of forgiveness of part of the principal of a loan made to the local governmental unit, notwithstanding the limits in section 281.61 (2r) of the statutes on the methods that may be used to provide financial assistance. The department of natural resources may establish a percentage limit of the amount of the principal forgiveness available under this paragraph that may be received by any local governmental unit.

AB40-ASA1,1464,16 (c) The department of natural resources may establish a different deadline for submitting applications for financial assistance under this subsection than the deadline in section 281.61 (5) of the statutes.

AB40-ASA1,1464,19 (d) In selecting the projects to receive financial assistance under this subsection, and the terms of the financial assistance, the department of natural resources may consider any of the following:

AB40-ASA1,1464,21 1. The population of the local governmental unit in which a project would be located.

AB40-ASA1,1464,23 2. The median household income, as defined in section 281.58 (1) (cm) of the statutes, of the local governmental unit in which a project would be located.

AB40-ASA1,1465,3 3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

AB40-ASA1,1465,6 (e) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

AB40-ASA1,1465,7 (3f) Economic impact analyses for certain rules.

AB40-ASA1,1465,9 (a) In this subsection, "department" means the department of natural resources.

AB40-ASA1,1465,11 (b) The department shall prepare an economic impact analysis of all of the following:

AB40-ASA1,1465,12 1. Section NR 102.06, Wisconsin Administrative Code.

AB40-ASA1,1465,13 2. Subchapter III of chapter NR 217, Wisconsin Administrative Code.

AB40-ASA1,1465,14 3. Section NR 115, Wisconsin Administrative Code.

AB40-ASA1,1465,18 (c) The economic impact analyses prepared by the department under this subsection shall include the information specified in section 227.137 (3) of the statutes. The department may prepare a single combined analysis for the rules specified under paragraph (b) 1. and 2.

AB40-ASA1,1465,24 (d) The department shall submit the economic impact analyses required under this subsection on or before December 31, 2011, to the governor, to the department of administration, to the cochairpersons of the joint committee for review of administrative rules, and to the chief clerks of the assembly and senate for distribution to the chairpersons of the appropriate standing committees of the legislature.

AB40-ASA1,1466,8 (3q) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in the 2011-13 fiscal biennium, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

AB40-ASA1, s. 9136 Section 9136. Nonstatutory provisions; Public Defender Board.

AB40-ASA1, s. 9137 Section 9137. Nonstatutory provisions; Public Instruction.

AB40-ASA1,1466,17 (1) Student information system. The state superintendent of public instruction shall submit a plan for the expenditure of moneys appropriated under section 20.255 (1) (e) of the statutes, as created by this act, in the 2011-12 fiscal year to the governor for his or her approval. By October 1, 2011, the state superintendent and the governor shall submit the approved plan to the joint committee on finance for its approval. The state superintendent may not expend or encumber the moneys unless the joint committee on finance approves the plan.

AB40-ASA1,1466,18 (1u) Pupil assessments.

AB40-ASA1,1467,2 (a) Beginning in the 2014-15 school year, the department of public instruction shall replace the Wisconsin Knowledge and Concepts Examination with pupil assessments developed by the Smarter Balance Assessment Consortium or by an entity selected by the department through a request for proposals process. The new assessments shall be standards-based; measure mastery of the common core standards; be designed so as to begin the transition to online testing; and allow for the results of multiple-choice questions to be provided within one week and the results of open-ended questions to be provided within 6 weeks, or as soon as practicable.

AB40-ASA1,1467,7 (b) By January 1, 2012, and by January 1, 2013, the department of public instruction shall report to the cochairpersons of the joint committee on finance on the progress of the transition from the current pupil assessment system to the new pupil assessment system. The department shall ensure that a stand-alone field test of new assessment items is conducted no later than the spring of 2014.

AB40-ASA1,1467,11 (2) Special adjustment aids. Notwithstanding section 121.105 (2) of the statutes, for state aid distributed in the 2011-12 school year, the department of public instruction shall calculate the aid adjustment under that section using 90 percent instead of 85 percent in section 121.105 (2) (am) 1. and 2. of the statutes.

AB40-ASA1,1467,12 (3q) Low revenue adjustment aid.

AB40-ASA1,1467,19 (a) Except as provided in paragraph (b) and subject to paragraph (c), in the 2011-12 school year, from the appropriation under section 20.255 (2) (ar) of the statutes, as created by this act, the department of public instruction shall pay to each school district in which the school district's per pupil revenue under section 121.905 (4) (a) of the statutes is greater than the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, an amount determined as follows: